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OPINION: Brits in Italy aren’t victims of a ‘hostile environment’ but of a bureaucratic system that wasn’t ready for Brexit

Brits living in Italy have found themselves facing pressing and sometimes serious problems after Brexit. They're not looking for loopholes, just workable solutions to a bureaucratic bind, says citizens' rights group Beyond Brexit.

Published: 23 March 2021 12:29 CET
OPINION: Brits in Italy aren't victims of a 'hostile environment' but of a bureaucratic system that wasn't ready for Brexit
Photo by ANDREAS SOLARO / AFP

Thank you very much for giving prominence to the various post-Brexit issues. Sadly, the problem of being “required” to have a residency card for all manner of normal activities – but not having one yet – is still ongoing.

We are in the awkward position of being a new category of third country national. Some call it a special status, but we have another status… as guests in Italy, not special but with obligations just like all other citizens.

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We are very conscious that implementation of the Withdrawal Agreement creates work, at a time when the country is still in the midst of the pandemic. 

We are not looking for “loopholes” or “sneaky” ways to play the system, just workable solutions to address immediate, sometimes serious problems. We do not feel we are victims of a “hostile environment” but of a highly devolved bureaucratic system, that wasn’t ready for us.

The new residency card is not in sight yet and there has been no clear across-the-board communication to indicate that our rights do not depend on it. This is tricky in a society which is used to documenting its residents! There will certainly be fewer headaches all round if we have it.

We understand the technical problems are being resolved and it should be a matter of weeks now before seeing the first cards. But that is for those who have already applied. The message needs to get out to everyone who hasn’t started the process yet.

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In the meantime, we are grateful to the Ministero del Lavoro for providing a workaround (not, by the way, a “cheat” or a “hack” but a legitimate interim measure).

It is important to make it clear also that this is not a general panacea for the myriad of problems arising. It is specifically for registering work contracts, to work around systems requiring residency card details. And unfortunately, even then, it is not working in all cases. News of it is not always getting through or even being accepted.

Understanding of our rights remains patchy, and in our group we hear of new problems every day. They could be serious, such as one employer’s refusal to give a new work contract which may result in loss of residency for that individual. A circular to notaries on March 15th came too late for another who could not complete on a house purchase. Yet another person cannot proceed with her citizenship application.

Being asked to produce a residency document now pervades all aspects of our lives, practically everything that requires a contract and even things that don’t. At the end of transition, all eyes were just on getting in and out of Schengen and which piece of paper to carry. How little we knew.

We in Beyond Brexit, British in Italy, the Embassy, IOM are all working extremely hard to raise awareness, share information, provide support and get speedy solutions for UK nationals covered by the Withdrawal Agreement. 

by Clarissa Killwick, Penelope Phillips McIntyre, Carole-Anne Richards
Co-founders/admins of Beyond Brexit – UK citizens in Italy

Further information on the new residency card for Brits in Italy can be found on the UK government’s website here, on the British in Italy website and Beyond Brexit page.

If you need help applying, you can contact the International Organisation for Migration by emailing [email protected] or calling 800 684 884.

Anyone who faces difficulties in accessing services in Italy is advised to contact the British Embassy via their Living in Italy website.

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BREXIT

Will Brits in Italy face travel problems under new EES passport system?

The EU's new Entry & Exit System (EES) of enhanced passport controls is due to come into force later this year, but will this create more headaches for non-EU nationals who need to prove their Italian residency rights?

Published: 30 April 2024 16:36 CEST
Will Brits in Italy face travel problems under new EES passport system?

Currently scheduled to start in autumn 2024 (unless it’s delayed again, which is possible) the EU’s new Entry & Exit System is an enhanced passport check at external EU borders.

You can find a full explanation of the new system and what it means for travellers HERE.

Those crossing an external EU or Schengen border for the first time will be required to complete EES ‘pre-registration’ formalities, including facial scan and fingerprinting.

Several groups are exempt from EES, and one of them is non-EU nationals who have a residency permit or long-stay visa for an EU country.

A European Commission spokesman told The Local: “Non-EU citizens residing in the EU are not in the scope of the EES and will not be subject to pre-enrollment of data in the EES via self-service systems. The use of automation remains under the responsibility of the Member States and its availability in border crossing points is not mandatory.

“When crossing the borders, holders of EU residence permits should be able to present to the border authorities their valid travel documents and residence permits.”

READ ALSO: What will EES passport system mean for foreigners living in Europe?

But there have understandably been questions about how this exemption will work in practice.

Most airports, ports or terminals have two passport queues – EU and non-EU. It remains unclear whether the non-EU queue will now have a separate section for those who are exempt from EES.

It appears that exempt groups will not be able to use the automated passport scanners – since those cannot scan additional documents like residency permits – but should instead use manned passport booths.

What does this mean for travel between Italy and the UK?

It seems that nothing will therefore change for those who already have to show their Italian residency documents along with their passport when travelling to and from the UK (or another non-EU country) in order to avoid having their passport incorrectly stamped.

UK citizens who were legally resident in Italy before the end of the Brexit transition period are in a somewhat unusual position, as Italy is one of a handful of “declaratory” countries in the EU where getting a post-Brexit residency card (Italy’s is known as the ‘carta di soggiorno‘) was optional, rather than compulsory.

The British government has long recommended that British nationals who were resident in Italy before Brexit should obtain the card as it’s the easiest way to prove residency rights and avoid delays at the border.

In practice, many of Italy’s British residents have since found that the post-Brexit residency card is also necessary in order to complete various bureaucratic procedures within Italy.

READ ALSO: EES: Could the launch of Europe’s new border system be delayed again?

But will the EES system mean that the card now becomes a de facto requirement when travelling between Italy and the UK?

The British government has not issued any updated guidance on the matter in light of the introduction of EES, and the British Embassy in Rome did not immediately respond to a request for comment from The Local.

Although EES does not change any rules relating to residency or travel, it seems likely that it will be more hassle to travel without a ‘carta di soggiorno’ than it is now.

As always, our advice is that getting the card, if you haven’t already, will probably save you a considerable amount of time and trouble, both within Italy and when travelling.

You can find our full Q&A on EES HERE.

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